Proposition 8

What is Proposition 8?Proposition 8 is the amendment to the California
State Constitution defining marriage as the union of one man and one woman.

How did Proposition 8 become law in California?In November 2008, the
voters of California approved of Proposition 8 in a referendum, with 52% voting in favor and 48%
opposed.More than 7 million voters voted in favor of Proposition 8.

Why
is Proposition 8 so important?California's Proposition 8 is important because it is a legal
recognition of the true meaning of marriage as the union of one man and one woman. In addition to
California, 29 other states have constitutional amendments defining marriage as the union of one man
and one woman. An additional 6 states have statutes that define marriage as the union of one man and
one woman. Two other states do not have an explicit definition of marriage but only allow marriages
between a man and a woman to be solemnized. Promoting and protecting marriage in the law is
essential to securing the common good, especially the good of children who have a basic right to be
raised by their own mother and father. If the law does not respect truth, it undermines the common
good. Overturning Proposition 8 would gravely impact the institution of marriage and the religious
freedom of those who uphold marriage and oppose its redefinition.

Why
was Proposition 8 before the U.S. Supreme Court?After its passage, Proposition 8 became the
target of numerous lawsuits.The California State Supreme Court upheld Proposition 8. Later, the U.S.
District Court in San Francisco ruled it a violation of the U.S. Constitution.On appeal, the U.S.
Court of Appeals for the Ninth Circuit in San Francisco also ruled that Proposition 8 is a violation
of the U.S. Constitution. The Proposition 8 case – Hollingsworth v. Perry – then went before the
U.S. Supreme Court.

What was the basis of the claim that Proposition 8
is unconstitutional?The principal claim of those opposed to Proposition 8 is that it
violates the equal protection of the laws guaranteed by the U.S. Constitution. Specifically, they
argue that Proposition 8 allows two persons of the opposite sex to get married but not two persons
of the same sex, thereby purportedly discriminating against persons in same-sex relationships.

What was the basic defense of Proposition 8?Those defending
Proposition 8 make a number of points, including that Proposition 8 is a rational law that honors
the authentic definition of marriage, which is a legitimate interest of the State of California.
Indeed, it is legitimate for the state to treat opposite-sex and same-sex relationships differently
– as in the legal definition of marriage – because opposite- and same-sex relationships are very
different in very practical ways. The former has a unique relationship to the common good – uniting
a man and a woman with each other and with any children that may come from their union – which the
latter does not. The law can, and should, specially affirm and protect the former and not the
latter. Treating different things differently is not unjust discrimination.

What is the USCCB's position on Prop 8?The USCCB supports upholding
Proposition 8 and therefore upholding the true meaning of marriage, as the USCCB and numerous other
organizations and individuals have made known to the Court. See the USCCB's amicus brief to the
Court, CLICKHERE

DOMA

What is
DOMA?DOMA is the federal Defense of Marriage Act. DOMA has two key provisions. One
provision, Section 3, defines marriage as the union of one man and one woman, for purposes of
federal law.

How did DOMA become law?In 1996, DOMA was passed
overwhelmingly by Congress and then signed into law by President Bill Clinton.

Why is DOMA so important?The definition of marriage in DOMA is
important because it requires federal law, including more than 1,100 federal statutes, to recognize
marriage as the union of one man and one woman. Promoting and protecting marriage in the law is
essential to securing the common good, especially the good of children who have a basic right to be
raised by their own mother and father. If the law does not respect truth, it undermines the common
good. Overturning DOMA would gravely impact the institution of marriage and the religious freedoms
of those who uphold marriage and oppose its redefinition.

Why was DOMA
before the U.S. Supreme Court?DOMA has been the target of numerous federal lawsuits, one of
which – United States v. Windsor – is now before the Court.

What was
the basis of the claim that DOMA Section 3 is unconstitutional?The principal claim of those
opposed to DOMA is that the federal definition of marriage violates the equal protection of the laws
guaranteed by the U.S. Constitution. Specifically, they claim that the Constitution prohibits the
federal government from treating legal same-sex "marriages" differently than legal opposite-sex
marriages. They also argue that under the U.S. Constitution, the states – not the federal government
– are the ones to properly define marriage.

What was the basic defense
of DOMA Section 3?Those defending DOMA assert that it is legitimate for the government to
treat same-sex and opposite-sex relationships differently – as in the legal definition of marriage –
because opposite- and same-sex relationships are very different in very practical ways. The former
has a unique relationship to the common good – uniting a man and a woman with each other and with
any children that may come from their union – which the latter does not. The law can, and should,
specially affirm and protect the former and not the latter. Treating different things differently is
not unjust discrimination. Supporters also assert that the federal government has the power to
define terms it uses in federal law – terms like "marriage."

What is
the USCCB's position on DOMA?The USCCB supports upholding DOMA and therefore upholding the
true meaning of marriage, as the USCCB and numerous other organizations and individuals have made
known to the Court. See the USCCB's amicus brief to the Court, CLICKHERE

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